Think Progress: "Q&A on Potential Telco Liability" in NSA spy scam

[understandinglife]

A laid out the reasons why the telcos appear to face enormous liability for handing stored phone records to the NSA. In sum, the Stored Communications Act (SCA) prohibits handing over the records, and it provides at least $1,000 in damages per customer for violations. For 50 million or more customers, that leads to big damages indeed.

This post responds to the legal questions and comments that we’ve seen so far. We still don’t see any decent legal defense against liability, and that may be why Qwest refused to go along with the NSA demands:

1. Isn’t the conduct covered under another part of the SCA? Maybe. If the phone companies “voluntarily” gave the records to the NSA, then 18 U.S.C. 2702(c) applies. If the phone companies were required to turn over the records, such as through a court order, then Section 2703(c) applies. The bottom line is the same - none of the exceptions apply, and liability exists.

2. What about the emergency exception? Section 2702 has an exception for “an emergency involving immediate danger of death or serious physical injury.” Other emergency exceptions in the wiretap laws have time frames such as 72 hours, giving time for the government to get a court order. This exception won’t cover the NSA program, which is now going on five years.

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http://thinkprogress.org/answers-telco

Never Forget: George W. Bush willfully violated National Security to cover-up his willful launch of a war of aggression and illegal occupation of Iraq.

[understandinglife]

1. "In short, we still don’t see any legal defense to this enormous liability

..." - Peter Swire, at


pro-Bu$h = Anti-America

[rzemanfl]

2. The only defense they have is consent, which is why that was

argument was raised today. It's bullshit, but it is all they have. A Bush appointed Judge might rule that way, but no "exigent" circumstance lasts for nearly five years.

[understandinglife]

3. Digby: "This isn't about security, national or otherwise. It's about ...

... .


It Is Tribunal Time In The United States of America

[understandinglife]

4. "And did you put the government through this before turning over all ...

... ?" ... Click --

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I am on hold, listening to an automated voice tell me that Verizon is, "as always, protecting your privacy...It's your right, and our responsibility." When a human comes on the line, I request change of service -- without commentary, until she asks and I tell. Then, surely reading from a script, she says I really shouldn't believe everything I read in the papers, that in any event, all the other phone companies did the same, because they had no choice but to go along with the government, and that any reports to the contrary are "only your opinion." Qwest's number is [phone].

[Supersedeas]

5. You have to wonder what Fed Judges think of this--esp FISA Judges